Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 21344 of 2017 Petitioner :- Anwar And 4 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
The first petitioner Anwar is the husband and third respondent Farhana Parveen is his wife between whom there was a matrimonial discord which led the FIR giving rise to Case Crime No. 84 of 2017, under Sections 498A, 307, 323, 504, 506 of IPC and Section 3/4 of D.P. Act, P.S. Sherkot, District Bijnor.
This petition came up for admission on 09.10.2017 when this Court directed all parties to attempt an amicable settlement of their dispute with the assistance of the Allahabad High Court Mediation and Conciliation Centre. The parties were referred to the Mediation Centre by an order of that date.
It appears that before the Mediation Centre parties made attempts to reconcile their differences across as many as six sessions held on 01.12.2017, 05.01.2018, 02.02.2018, 23.02.2018, 16.03.2018 and 07.04.2018. The efforts bore fruit and the parties reached an agreement. The Mediation Centre has forwarded its report dated 07.04.2018 along with the settlement-agreement of that date.
A perusal of the settlement-agreement shows that the parties have reconciled all their differences; have decided to put an end to all pending litigation between them in different courts and before various authorities. The terms of settlement have been set forth in paragraph-6, specifically, paragraph 6 (a) to (g) to the settlement-agreement dated 07.04.2018.
Looking to the settlement-agreement and the terms of which we find to be not against the law and public policy, we proceed to allow the instant writ petition and quash the impugned FIR dated 16.06.2017 giving rise to Case Crime No. 84 of 2017, under Sections 498A, 307, 323, 504, 506 of IPC and Section 3/4 of D.P. Act, P.S. Sherkot, District Bijnor.
Accordingly, the writ petition succeeds and is allowed. The iimpugned FIR dated 16.06.2017 giving rise to Case Crime No. 84 of 2017, under Sections 498A, 307, 323, 504, 506 of IPC and Section 3/4 of D.P. Act, P.S. Sherkot, District Bijnor is hereby quashed.
The terms of the settlement-agreement dated 07.04.2018 carried in paragraph no. 6 (a) to (g) are made Rule of Court to be faithfully complied with all courts subordinate. Likewise, both parties to the agreement and persons claiming through them will be bound by the terms of the settlement-agreement dated 07.04.2018.
The aforesaid order is being passed by us in exercise of our powers under Article 227 of the Constitution.
Order Date :- 30.5.2018 Ujjawal